[§327-9]  Who may make an anatomical gift ofdecedent's body or body part.  (a)  Subject to subsections (b) and (c) andunless barred by subsection (d), an anatomical gift of a decedent's body orbody part for purposes of transplantation, therapy, research, or education maybe made, in the order of priority listed, by any member of the followingclasses of persons who is reasonably available:

(1)  An agent of the decedent at the time of death whocould have made an anatomical gift under section 327-4(2) immediately beforethe decedent's death;

(2)  The spouse or reciprocal beneficiary of thedecedent;

(3)  Adult children of the decedent;

(4)  Parents of the decedent;

(5)  Adult siblings of the decedent;

(6)  Adult grandchildren of the decedent;

(7)  Grandparents of the decedent;

(8)  An adult who exhibited special care and concernfor the decedent;

(9)  The persons who were acting as the guardian ofthe person of the decedent at the time of death; and

(10)  Any other person having the authority to disposeof the decedent's body.

(b)  If there is more than one member of aclass listed in subsection (a)(l), (3), (4), (5), (6), (7), or (9) entitled tomake an anatomical gift, an anatomical gift may be made by a member of theclass unless that member or a person to which the gift can pass under section327-11 knows of an objection by another member of the class.  If an objectionis known, the gift may be made only by a majority of the members of the classwho are reasonably available.

(c)  No person may make an anatomical gift if,at the time of the decedent's death, a person in a prior class under subsection(a) is reasonably available to make or to object to the making of an anatomicalgift.

(d)  An anatomical gift may not be made if doingso is barred by section 327-7 or 327-8. [L 2008, c 122, pt of §1]